Terms Of Service
Last updated on Nov. 1, 2023.
Welcome! These Terms of Service (these “Terms”) govern the use of the websites and mobile applications operated by the United States Bowling Congress, Inc. (“USBC” or “we,” “us” or “our”) that link to or otherwise reference these Terms. By accessing or using our websites, including, without limitation, https://www.bowl.com, https://www.pwba.com and https://www.bowlersjournal.com (together with the features, functionalities, browser extensions and other services available through those websites, our “Websites”); downloading, installing, accessing or using the mobile applications we distribute through the Google Play Store and/or Apple Play Store, including, without limitation, Bowl.com, Junior Gold Championships, Bowlopolis Bowlerdash, and Bowlopolis Episode Theater (collectively, our “Apps” and, together with our Websites, our “Platform”), you agree to read, comply with and be legally bound by: (1) these Terms; (2) any additional terms and conditions, agreements and policies published on our Platform or otherwise made available to you that are applicable to your access to or use of our Platform (collectively, the “Rules”); (3) any other agreements applicable to your access to or use of our Platform as we may enter into with you, or a third party on whose behalf you access or use our Platform (collectively, the “Additional Agreements”). These Terms, the Rules and any and all Additional Agreements are collectively referred to in these Terms as the “Agreements”.
REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR PLATFORM (IN WHOLE OR IN PART), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM (IN WHOLE OR IN PART). FURTHER, IF YOU ARE NOT ELIGIBLE TO ACCESS OR USE OUR PLATFORM PURSUANT TO ANY OF THE AGREEMENTS, YOU ARE NOT PERMITTED TO ACCESS OR USE OUR PLATFORM AS PROHIBITED UNDER SUCH AGREEMENTS.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURT OR JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. CAREFULLY REVIEW THE AGREEMENT TO ARBITRATE IN SECTION 11 OF THESE TERMS BEFORE YOU ACCESS OR USE OUR PLATFORM.
1. ACCEPTANCE AND APPLICABILITY OF THE AGREEMENTS
1.1 Acceptance of Agreements. These Terms are a legally binding agreement between you and USBC. By accessing or using our Platform in any way, you expressly acknowledge and agree that you understand the terms set forth in the applicable Agreement, including, without limitation, those set forth in these Terms and that you agree to be legally bound by all terms and conditions set forth in the applicable Agreements.
1.3 Your Representations and Warranties. Without limiting anything set forth in the Agreements, by accessing or using our Platform, you represent to us that: (1) you meet the requirements described in Section 1.2 of the Terms; (2) you are legally able to enter into contracts; (3) you are not a person barred from accessing or using our Platform under federal, state, local or other laws; and (4) you have not previously been suspended or prohibited from accessing or using our Platform for any reason other than your cancellation of your access to or use of our Platform in accordance with the applicable Agreements. Additionally, if you are accepting these terms on behalf of an entity, you represent and warrant to us that you have the authority to bind that entity.
1.4 Changes to Terms. We update or modify these Terms from time to time, with or without providing notice directly to you, by posting a revised version of these Terms on our Websites and updating the Terms available through our Apps and publishing a general notice of such changes on our Websites and providing notice of such changes directly through our Apps. You can review the most current version of these Terms at any time by clicking the Terms of Service link on our Websites or accessing them through the Apps. By accessing or using our Platform after we have provided such notice, you agree to be bound by such modifications.
1.5 Our Rights. We have the right, but not the obligation, to take any of the following actions in our sole discretion without providing any prior notice to you and without liability to you or any third party:
(a) change or terminate all or any part of our Platform;
(b) restrict or terminate your access to or ability to use all or any part of our Platform;
(c) refuse, move or remove anything that is available on or through our Platform; or
(d) deny access to or the ability to use our Platform to anyone at any time in our sole and absolute discretion.
1.6 Conflicts. In the event of any conflict between these Terms and any other Agreement, unless otherwise specified in such other Agreement, these Terms shall control.
2. ACCESS TO AND USE OF OUR PLATFORM
2.1 Acceptable Use. In addition to, and not in lieu of, any restrictions or requirements set forth in any of the Agreements, your access to and use of our Platform must comply with the following (the “Acceptable Use Restrictions”):
(a) You are only allowed to access and use our Platform for its intended purposes, as determined by us in our sole discretion.
(b) Without limitation, you are not allowed to access or use our Platform to: (1) publish, post, distribute or disseminate any content which is or could reasonably be viewed as: (a) hate speech, obscene, harassing, threatening, pornographic, abusive or defamatory to an individual or group of individuals on the basis of religious belief, race, gender, age, disability or otherwise; (b) inciting violence, or containing nudity or graphic or gratuitous violence; (c) an unauthorized commercial communication of any kind (including, without limitation, spam); (d) fraudulent, inaccurate or misleading, or otherwise objectionable content of any kind; (e) infringing or violating someone else’s rights or otherwise violating the law; or (f) identifying any person without their consent or disclosing anyone else’s personal contact details or invading their privacy; (2) violate any laws; (3) transmit or upload any software or other materials that contain any viruses, worms, trojan horses, defects, time bombs or other items of a destructive nature; or (4) engage in commercial activity except as expressly permitted under the applicable Agreements.
(c) You are also prohibited from: (1) reformatting or framing any portion of our Platform; (2) using any device, software, or procedure that interferes with, or attempts to interfere with, the normal operation of our Platform; (3) taking any action that imposes, or may impose, as determined by us in our sole discretion, an unreasonable or disproportionately large load on our information technology infrastructure; (4) modifying, adapting, translating, disassembling, decompiling, translating or reverse engineering any portion of our Platform or otherwise attempting to reconstruct or discover any source code or underlying ideas, algorithms, file formats, or programming interoperability interfaces of our Platform; (5) disrupting or otherwise interfering with our Platform or the networks or servers we use; (6) impersonating any person or entity or misrepresenting your connection or affiliation with a person or entity; (7) collecting or storing, or attempting to collect or store, personal information about other users of our Platform, except as expressly permitted under the applicable Agreements; (8) engaging in any activity that is illegal under federal, state, local, or other laws; (9) creating a false identity in connection with your access to or use of our Platform; (10) releasing to any third party information related to your access to or use of our Platform for purposes of monitoring our Platforms’ availability, performance, or functionality, or for any other benchmarking or competitive purposes without our prior written approval; (11) copying our Platform, except as expressly permitted under the applicable Agreements; (12) accessing or using our Platform in a service bureau or time-sharing environment (including, without limitation, accessing our Platform to provide third parties a service consisting solely of the collection and entry of data and other information on, or available through, our Platform); (13) selling, assigning, transferring, sublicensing, pledging, renting, or otherwise sharing your rights under the Agreements; (14) creating any derivative works based on our Platform; and (15) modifying, obscuring, or removing any proprietary notices on our Platform or copies thereof.
2.2 Access to our Platform. Access to and use of our Platform requires access to the Internet. You are responsible for providing all equipment necessary to establish a connection to the Internet and otherwise necessary to access and use our Platform, along with any telephone, wireless or other connection and services fees associated with such connection. Accessing or using our Platform may allow you to receive content on your mobile phone or wireless device. The way that content is delivered to your mobile phone or wireless device may cause you to incur extra data, text messaging or other charges from your wireless carrier, which are your sole responsibility.
2.3 Compliance with Applicable Laws. You certify that you will comply with all applicable federal, state, local and other laws and the applicable Agreements when accessing or using our Platform. Without limiting the foregoing, by accessing or using our Platform, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list or prohibited or restricted parties. If you access or use our Platform outside the United States, you are solely responsible for ensuring that your access to and use of our Platform in such country, territory or jurisdiction does not violate any applicable laws. We reserve the right, but have no obligation to, in our sole discretion, monitor where users who access or use our Platform are located, and the right, but not the obligation, to block or otherwise restrict access to or use of our Platform, in whole or in part, from any geographic location.
3.1 Registration. You may be required to open an account or register with us in order to use some of the features on the Platform. When registering for an account, you must provide true, accurate, current and complete information about yourself as may be prompted by any registration form. If any information you previously provided to us changes, you must promptly update the relevant information.
3.2 Account Security and Responsibility. You are responsible for maintaining the confidentiality of your account login credentials are fully responsible for all activities that occur on our Platform in connection with your account when logged in with your account login credentials. You agree to: (1) notify us immediately if you become aware of any unauthorized use of your account or other breach of security associated with your account; and (2) ensure that you fully exit from your account at the end of each session. You must set up your account in your own name. You further agree not to use anyone else’s account login credentials on our Platform. We will not be liable for any loss or damage arising from your failure to comply with this provision or any terms set forth in the applicable Agreements.
3.3 Our Rights in the Event Your Account is Compromised. Without limiting any other rights we have under the applicable Agreements, in the event we determine, in our sole discretion, that your account or information associated with your account may be compromised due to your personal device being infected with a virus, malware, other malicious code or due to other theft of your account login credentials or other account information, we reserve the right, but do not have the obligation, to invalidate, delete, or otherwise modify your account and the associated account information in order to protect your account, the accounts of other users, and our systems from further damage or exposure. This may include proactively changing your password. If we need to do this, we will make reasonable efforts to inform you of any modifications made via the email address associated with your account or other viable means of communication.
3.4 Account Cancellation. Subject to restrictions and other obligations set forth in the applicable Agreements, you may close your account by contacting us via email at firstname.lastname@example.org or the other applicable contact methods described on the Contact Us page on our Websites. Please note, in some situations, we may not permit you to close your account, including in situations where: (1) you are not permitted to close your account pursuant to the terms of an applicable Agreement; (2) you have an open dispute or claim; (3) if your account is subject to a hold; or (4) you are cancelling your account to evade any investigation.
3.5 Mistakes or Errors. Without limiting anything set forth in the applicable Agreements, you acknowledge and agree that under no circumstances will we or any of our licensors or suppliers be responsible for any loss, damage or liability arising out of any mistakes or other errors made by you as a result of your access to or use of our Platform.
3.6 Use of Account Credentials on Excluded Online Offerings and Other Third Party Sites. You may, now or in the future, be able to use your account login credentials for our Platform to login into certain Excluded Online Offerings and other third party sites, including, without limitation, https://www.bowltv.com (collectively, the “Third Party Single Sign-On Sites”). Notwithstanding your use of your account login credentials for our Platform on any Third Party Single Sign-On Site, your access to and use of such Third Party Single Sign-On Site is governed by and subject to the terms and conditions provided on such Third Party Single Sign-On Site and we are not responsible or liable under these Terms or any other applicable Agreement (except as otherwise expressly provided in an applicable Agreement).
4.1 Paid Features. Without limiting anything set forth in the applicable Agreements, certain features and services, including, without limitation, USBC memberships, can be purchased or are otherwise subject to fees (“Paid Features”). Such Paid Features shall be subject to these Terms as well as any other applicable Agreements required to access and use such Paid Features. You are required to pay all fees and charges we impose arising from your use of any Paid Features, including, without limitation, fees that must be paid in advance and any fees arising from your use of the Paid Features. Your authorization to use the Paid Features is contingent on your payment of all applicable fees. Except as otherwise set forth in the applicable Agreements, all fees for Paid Features are non-refundable once paid to us.
4.2 Payment. Fees can be paid using the payment methods and currencies we accept from time to time. If you have specified credit card, debit card or direct withdrawal from a bank account as a payment mechanism within your account on our Platform, you grant us the right to charge the credit card or debit card or debit the bank account for all fees incurred under these Terms.
4.3 Paid Features Term and Renewal. For those Paid Features on our Platform that are subscriptions, including, without limitation, USBC memberships, they are provided for the subscription period specified on our Platform. Unless prohibited by applicable law, such Paid Feature subscriptions automatically renew at the end of each subscription period (e.g., annual subscriptions renew on an annual basis and monthly subscriptions renew on a monthly basis) unless you notify us that you do not want to renew your subscription for the applicable Paid Feature via email at email@example.com or via the other applicable contact methods described on the Contact Us page on our Websites. For clarity, except as otherwise required by applicable law, subscriptions to Paid Features are final and you cannot cancel, return or exchange them for any reason.
4.4 Our Rights and Obligations. Without limiting our other rights under the applicable Agreements, nothing in these Terms will require us to renew any subscription to a Paid Feature or otherwise continue to make any Paid Features to you after the end of the applicable subscription period, and we reserve the right to refuse any order for a Paid Feature you place with us. Without limiting the foregoing, in the event a Paid Feature is listed at an incorrect price due to typographical errors or an error in pricing information, we shall have the right to cancel any orders placed for such Paid Feature at the incorrect price.
5. OWNERSHIP AND LICENSE
5.1 Ownership. All right, title and interest in and to our Platform, including, but not limited to, the software and code that comprise and operate our Platform, and all the text, photographs, illustrations, images, graphics, audio, video, URLs and other materials provided through or contained on our Platform are owned by us or third parties who have licensed their content to us. Our Platform is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, each Website and App, individually, is a collective work under United States and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of each Website and App.
5.2 Marks. The USBC names and logos, all product and service names, all graphics, all button icons and all trademarks, service marks and logos appearing on or used in connection with our Platform, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of USBC (collectively, “Our Marks”). All other trademarks, products, names, company names, logos, service marks and/or trade dress (collectively, “Other Marks”) mentioned, displayed, cited or otherwise indicated within our Platform are the property of their respective owners. You are not authorized to display or use Our Marks in any manner without prior written permission. You are not authorized to display or use any Other Marks that appear on or are used in connection with our Platform without the prior written permission of the applicable third party.
5.3 Limited License. Subject to your acceptance of, and compliance with, the applicable Agreements, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use our Platform in a manner that is consistent with the applicable Agreements and the intended purposes of our Platform. You obtain no rights in our Platform except to access and use them in accordance with the applicable Agreements. Without limiting the generality of the foregoing, you shall not access or use our Platform in violation of the terms set forth in any of the applicable Agreements, including, without limitation, the Acceptable Use Restrictions set forth in these Terms (collectively, the “Prohibited Activities”). You will be solely liable for any damages, costs or expenses arising out of or in connection with your commission of any Prohibited Activity. You shall notify us immediately upon becoming aware of the commission of a Prohibited Activity and shall provide us with reasonable assistance upon our request with any investigations we may conduct in connection with any such Prohibited Activity.
6. USER CONTENT AND INFORMATION
6.1 User Content. Our Platform may provide users with the ability to add, create, upload, submit, distribute, post or share content on or through our Platform, including, without limitation, website links, opinions, information, posts, profiles, pictures, videos and audio clips (collectively, “User Content”). Reliance on User Content is at your own risk. You acknowledge and agree that we are not responsible or liable for any User Content that appears on, or is otherwise provided through, our Platform.
6.2 Your Content. If you provide any User Content (“Your Content”), unless otherwise specified in an applicable Agreement, you expressly grant, and represent and warrant that you have the right to grant, us a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense Your Content in any manner or through any media now known or later developed without any payment obligation to you. Without limiting the foregoing, you acknowledge and agree that Your Content may be viewable by any other users of our Platform (whether registered or unregistered). Further, you understand and agree that we have the right, but not the obligation, to pre-screen, edit, refuse, move, or remove any User Content, including, without limitation, Your Content, posted to or otherwise provided through our Platform.
6.3 Abusive and Offensive Language. Abusive and offensive language will not be tolerated, including, without limitation, on our social media sites, with our personnel, or on or in connection with your access to or use of our Platform. You are not entitled to make untrue, malicious and/or damaging comments about our operations in any media or forum.
6.5 Feedback. By submitting ideas, suggestions, documents, proposals, products and/or technologies (“Ideas” or “Innovations”) to us in any way, you acknowledge and agree that: (1) your Ideas and/or Innovations do not contain confidential or proprietary information; (2) we are not under any obligation of confidentiality, express or implied, with respect to the Ideas and Innovations; (3) we shall be entitled to disclose (or choose not to disclose) such Ideas and Innovations for any purpose and in any way; (4) we may have something similar to the Ideas and Innovations already under consideration or in development; (5) your Ideas and Innovations which are not subject to a patent, automatically become our property without any obligation to you; and (6) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
6.6 Links to Third Party Websites. Our Platform may include links to websites or services provided by third parties, including, without limitation, the Excluded Online Offerings. These links are provided solely as a convenience to you. You acknowledge and agree that we are not responsible for the availability of such third party websites or services and that we do not endorse and are not responsible or liable for any such third party websites or services or any information, material, products or services contained on or accessible through any third party website or service. Furthermore, we make no express or implied warranties with respect to the information, material, products or services that are contained on or accessible through third party websites or services. Your access to and use of any third party websites or services, including, without limitation, any information, material, products and services on or accessible through third party websites or services is solely at your own risk.
7.1 Right to Terminate. Subject to the terms set forth in the applicable Agreements, in addition to, and not in lieu of, any of our other rights set forth in these Terms, we reserve the right, but not the obligation, with or without notice and in our sole discretion, to terminate these Terms, your account and/or your ability to access or use our Platform (in whole or in party) for any reason, including, without limitation, for lack of use or if we believe you have violated or acted inconsistently with the letter or spirit of these Terms, or, in the case of any activity by you that may harm us or other users, including, without limitation, fraud, abuse of privileges or misuse of our Platform. You agree that we will not be liable to you or any third party for any such termination.
7.2 Effects of Termination. If we exercise our termination rights available under the applicable Agreements, your license to access and use our Platform shall immediately terminate and you must discontinue all access to and use of our Platform affected by such termination. Additionally, if we terminate your account, you acknowledge and agree that all information and content associated with your account will no longer be available to you.
7.3 Fraudulent Activity. If we suspect that you are engaging in any fraudulent, abusive or illegal activity, we may refer such matter to appropriate law enforcement authorities.
7.4 Survival. The provisions of these Terms which by their nature are intended to survive the termination or cancellation of these Terms shall continue as valid and enforceable obligations notwithstanding any such termination or cancellation. Without limiting the foregoing, the provisions of these Terms regarding indemnity and limitations of liability shall survive the termination or cancellation of these Terms.
8. YOUR LIABILITY
8.1 Agreement to Indemnify. YOU AGREE THAT YOU WILL ONLY ACCESS AND USE OUR PLATFORM IN ACCORDANCE WITH THE APPLICABLE AGREEMENTS. YOU WILL COMPENSATE US IN FULL FOR ANY LOSSES OR COSTS (INCLUDING REASONABLE ATTORNEY’S FEES) WHICH WE (OR ANY OF OUR SUBSIDIARIES OR AFFILIATED COMPANIES) INCUR ARISING FROM YOUR BREACH OF THESE TERMS IN ANY WAY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR SUBSIDIARIES AND AFFILIATES AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYERS, AGENTS AND OTHER REPRESENTATIVES (THE “RELEASED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR ACCESS TO OR USE OF OUR PLATFORM, YOUR CONNECTION TO OUR PLATFORM, YOUR VIOLATION OF THE APPLICABLE AGREEMENTS OR YOUR VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON OR ENTITY.
8.2 Additional Remedies. The Released Parties reserve the right to seek all remedies available at law and in equity for our violation of the applicable Agreements, including, without limitation, the right to block access from a particular internet address to our Platform and report misuses to law enforcement.
9.1 Disclaimer of all Warranties
(a) OUR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO OUR PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE COMPRISING ANY PORTION OF OUR PLATFORM), WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT OUR PLATFORM WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES OR ANY RESULTS FROM YOUR ACCESS TO OR USE OF OUR PLATFORM WILL MEET YOUR OR ANY THIRD PARTY’S REQUIREMENTS OR ACHIEVE ANY INTENDED RESULT.
(b) YOU HEREBY ACKNOWLEDGE THAT OUR PLATFORM MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF OUR PLATFORM AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF OUR PLATFORM CAUSED BY SUCH FACTORS.
(c) WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION YOU SUBMIT THROUGH OUR PLATFORM.
(d) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
9.2 Use of Platform at Your Sole Risk. YOUR ACCESS TO AND USE OF OUR PLATFORM, DOWNLOAD OF ANY SOFTWARE RELATING TO OUR PLATFORM AND USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF OUR PLATFORM IS AT YOUR SOLE OPTION, DISCRETION AND RISK. WE SHALL NOT BE LIABLE FOR ANY MALFUNCTIONS OF OUR PLATFORM OR ANY SOFTWARE COMPRISING ANY PORTION OF OUR PLATFORM, BUGS OR VIRUSES RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR SOFTWARE, COMPUTER EQUIPMENT, MOBILE PHONE OR MOBILE DEVICE OR ANY OTHER EQUIPMENT YOU USE TO ACCESS OR USE, OR IN CONNECTION WITH, OUR PLATFORM. FURTHERMORE, WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO ACCESS OR USE OUR PLATFORM BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.
9.3 No Creation of Warranty. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM ANY OF THE RELEASED PARTIES THROUGH OR FROM OUR PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
9.4 Third Party Statements. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE STATEMENTS, ADVICE OR OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED USBC SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE OR OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE OR OPINIONS OF USBC.
10. LIMITATION OF LIABILITY
10.1 Maximum Liability. EXCEPT AS OTHERWISE SET FORTH IN THE APPLICABLE AGREEMENTS AND WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF OUR PLATFORM SHALL BE THE AMOUNT OF $100.
10.2 No Liability for Incidental Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO ACCESS TO OR USE OF OUR PLATFORM.
10.3 Applicability of Limitations. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.4 Notice to California Residents. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
11. DISPUTE RESOLUTION
PLEASE READ THIS CAREFULLY, IT AFFECTS YOUR RIGHTS
11.1 Waiver of Rights. YOU AGREE THAT BY ACCESSING OR USING OUR PLATFORM YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST THE RELEASED PARTIES ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
11.2 Agreement to Arbitrate.
(a) EXCEPT AS OTHERWISE SET FORTH IN THE APPLICABLE AGREEMENTS, YOU AGREE THAT ANY AND ALL CLAIMS AND DISPUTES ARISING FROM OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THE APPLICABLE AGREEMENTS, YOUR ACCESS TO OR USE OF OUR PLATFORM, OR YOUR DEALINGS WITH THE RELEASED PARTIES SHALL BE FINALLY SETTLED AND RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION AS DESCRIBED IN THIS SECTION.
(b) THIS AGREEMENT TO ARBITRATE INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1-16 (“FAA”), AND NOT BY STATE LAW.
(c) THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY PURSUANT TO THE FAA.
(d) THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION.
(e) THE ARBITRATION WILL BE CONDUCTED USING ONE ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF ARBITRATORS IN ACCORDANCE WITH THE ARBITRATION RULES AND PROCEDURES OF ANY ARBITRATION ORGANIZATION OR ARBITRATOR THAT YOU AND THE RELEASED PARTIES AGREE UPON IN WRITING OR THAT IS APPOINTED PURSUANT TO SECTION 5 OF THE FAA.
(f) FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, YOU MUST ABIDE BY THE FOLLOWING RULES: (1) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON TELEPHONE OR ONLINE APPEARANCES AND/OR WRITTEN SUBMISSIONS AND (2) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,0000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN ARLINGTON, TEXAS.
(g) THE ARBITRATOR IS BOUND BY THE TERMS OF THIS AGREEMENT TO ARBITRATE. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY ARBITRATION PROCEEDING, NO DEPOSITIONS WILL BE TAKEN, AND ALL OTHER FORMS OF DISCOVERY OF FACTS WILL BE LIMITED TO THOSE THINGS THAT THE ARBITRATOR DETERMINES, IN ITS SOLE DISCRETION, TO BE NECESSARY. FURTHER, IN ANY ARBITRATION PROCEEDING: (1) THERE SHALL BE NO AWARD OF PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL OR OTHER SPECIAL DAMAGES; (2) ALL DAMAGES, CLAIMS, AND AWARDS WILL BE GOVERNED BY TEXAS LAW; (3) THE PARTIES WILL CONDUCT THE ARBITRATION CONFIDENTIALLY AND EXPEDITIOUSLY AND WILL PAY THEIR OWN COSTS AND EXPENSES OF ARBITRATION, INCLUDING THEIR OWN ATTORNEYS’ FEES. IF YOU PROVE THAT YOU ARE UNABLE TO AFFORD THE AAA FEE, YOU AGREE TO NOTIFY ALL PERSONS AGAINST WHOM YOU HAVE AN ARBITRABLE CLAIM AND GIVE SUCH PERSONS THE OPPORTUNITY, INDIVIDUALLY AND AS A GROUP, TO PAY SUCH FEE. THE PROCEEDING AND THE DECISION SHALL BE KEPT CONFIDENTIAL BY THE ARBITRATOR AND THE PARTIES.
(h) THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(i) THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION, OR APPLICATION MAY BE MADE TO SUCH COURT FOR JUDICIAL ACCEPTANCE OF ANY AWARD AND AN ORDER OF ENFORCEMENT, AS THE CASE MAY BE.
(j) EXCEPT IN THE EVENT YOU OPT OUT OF THIS AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 11.5, THIS AGREEMENT TO ARBITRATE WILL SURVIVE TERMINATION OF YOUR ACCESS TO OR USE OF OUR PLATFORM AND YOUR RELATIONSHIP WITH THE RELEASED PARTIES.
11.3 Information About Arbitration. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG. THERE IS NO JUDGE OR JURY IN ARBITRATION. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT AND REVIEW BY A COURT IS LIMITED. YOU WILL NOT BE ABLE TO HAVE A COURT OR JURY TRIAL OR PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR SIMILAR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES.
11.4 Challenges to Validity of Agreement to Arbitrate. YOU AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THIS AGREEMENT TO ARBITRATE (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR. NOTWITHSTANDING ANY PROVISION IN THE APPLICABLE AGREEMENTS TO THE CONTRARY, IF THE CLASS ACTION WAIVER ABOVE IS DEEMED INVALID OR UNENFORCEABLE, YOU AGREE THE YOU SHALL NOT SEEK TO, AND WAIVE ANY RIGHT TO, ARBITRATE CLASS OR COLLECTIVE CLAIMS.
11.5 Opt-Out of Agreement to Arbitrate. IF YOU WISH TO OPT OUT OF THE AGREEMENT TO ARBITRATE, WITHIN 45 DAYS OF May 9, 2022 OR THE DATE WHEN YOU FIRST ACCESS OR USE OUR PLATFORM, WHICHEVER IS LATER, YOU MUST SEND A LETTER STATING: “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” TO US AT:
United States Bowling Congress, Inc.
621 Six Flags Drive
Arlington, Texas 76011
11.6 Venue for Litigation. IF THE AGREEMENT TO ARBITRATE IS FOUND UNENFORCEABLE OR TO NOT APPLY FOR A GIVEN DISPUTE, IF YOU OPT OUT OF THE AGREEMENT TO ARBITRATE IN ACCORDANCE WITH SECTION 11.5 OF IF OTHERWISE SET FORTH IN THE APPLICABLE AGREEMENTS, THEN THE PROCEEDINGS FOR ANY CAUSE OF ACTION OR CLAIM UNDER THESE TERMS MUST BE BROUGHT EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES ENCOMPASSING ARLINGTON, TEXAS OR THE APPLICABLE STATE COURTS OF THE STATE OF TEXAS ENCOMPASSING ARLINGTON, TEXAS, AS APPROPRIATE, AND YOU AGREE TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH CLAIMS OR DISPUTES.
11.7 Time to Bring a Claim. EXCEPT AS OTHERWISE PROVIDED IN THE APPLIABLE AGREEMENTS, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST THE RELEASED PARTIES ARISING OUT OF OR RELATING IN ANY WAY TO THE APPLICABLE AGREEMENTS, YOUR ACCESS TO OR USE OF OUR PLATFORM OR YOUR DEALINGS WITH THE RELEASED PARTIES IN CONNECTION WITH OUR PLATFORM MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
11.8 Prevailing Party. IN ANY ARBITRATION PROCEEDING OR LITIGATION (AS APPLICABLE) BETWEEN YOU AND THE RELEASED PARTIES IN CONNECTION WITH ANY OF THE APPLICABLE AGREEMENTS, YOUR ACCESS TO OR USE OF OUR PLATFORM OR YOUR DEALINGS WITH THE RELEASED PARTIES IN CONNECTION WITH OUR PLATFORM, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS REASONABLE ATTORNEYS’ FEES AND COSTS IN SUCH LITIGATION FROM THE OTHER PARTY.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
12.1 USBC Policy. USBC respects the intellectual property rights of others. You must ensure that Your Content does not infringe any third party’s copyright. We will remove Your Content and other materials on or available through our Platform in accordance with the Digital Millennium Copyright Act (“DMCA”) upon receipt of proper notices that Your Content or other materials on or available through our Platform infringe a third party’s copyright. Additionally, subject to Section 12.4 below, we will terminate your account if you are a repeat infringer.
12.2 Notice of Infringement. If you are a copyright owner or an agent thereof and believe that any user submission or other content on or available through our Platform infringes upon your copyrights, you may submit a notification pursuant to the DMCA to the address provided below. Such notification must contain the following:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address;
(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
USBC may disclose DMCA notices to affected users and third party databases that collect information about copyright takedown notices.
12.3 Counter Notifications. If Your Content is removed pursuant to a notice of copyright infringement and you want to challenge the removal, you must provide us a counter notification to the address provided below. Such counter-notification must contain the following:
(a) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(b) a description of the material that was removed and where the material previously appeared on or through our Platform reasonably sufficient to permit us to identify the material;
(c) a statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
(d) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, any judicial district in which USBC may be found (the United States District Court for the Northern District of Texas) and that you will accept service of process from the person who provided the original DMCA notice or an agent of that person; and
(e) your physical or electronic signature.
We will forward any complete counter-notification to the person who provided the initial DMCA notice. The copyright owner(s) may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that such a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we may, but are not obligated to, restore Your Content and other materials. Until that time, Your Content and other materials will remain removed.
12.4 Repeat Infringers. Without limiting anything else in the Agreements, we will terminate your account if you receive three (3) DMCA Takedown Actions. A “DMCA Takedown Action” occurs each time Your Content or other materials are removed due to a DMCA notice. We may group multiple DMCA notices received in a short period of time as a single DMCA Takedown Action. We may remove a DMCA Takedown Action in appropriate circumstances, such as where: (1) the material is restored due to a DMCA counter-notification; or (2) the party who provided the DMCA notice withdraws their complaint.
Address for Notices. DMCA notices and counter-notifications may be sent to our designated agent, at the following addresses:
By email to: firstname.lastname@example.org
By mail to: United States Bowling Congress, Inc.
Attn: Copyright Agent
621 Six Flags Drive
Arlington, Texas 76011
13. SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLE APP STORE
13.1 Acknowledgement. Some of our Apps are available through the Apple App Store (“USBC Apple Apps”). You and USBC each acknowledge that these Terms and any other terms and conditions imposed by USBC with respect to the USBC Apple Apps and any other agreements entered into between you and USBC in connection with the USBC Apple Apps (collectively, the “USBC Apple Apps Agreements”) are between you and USBC only, and not with Apple, and that USBC, not Apple, is solely responsible for the USBC Apple Apps and the content thereof. In the event of the USBC Apple Apps Agreements provide usage rules for the USBC Apple Apps that are in conflict with the Apple Media Services Terms and Conditions, the Apple Media Services Terms and Conditions shall control with respect to the USBC Apple Apps.
13.2 Scope of License. In addition to the other terms set forth in the USBC Apple Apps Agreements, the licenses granted to you for the USBC Apple Apps are solely for use by you on any Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
13.3 Maintenance and Support. USBC is solely responsible for providing any maintenance and support services with respect to the USBC Apple Apps, as specified in the USBC Apple Apps Agreements or as required under applicable law. You and USBC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the USBC Apple Apps.
13.4 Warranty. USBC is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in the USBC Apple Apps Agreements. In the event of any failure of the USBC Apple Apps to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the applicable USBC Apple App (if any) to you. Further, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the USBC Apple Apps, and, subject to the limitations of liability set forth in the USBC Apple Apps Agreements, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform with any warranty will be USBC’s sole responsibility.
13.5 Product Claims. You and USBC acknowledge that USBC, not Apple, is responsible for addressing any claims that you or any third party have relating to the USBC Apple Apps or your possession and/or use of the USBC Apple Apps, including, but not limited to: (1) product liability claims; (2) any claim that the USBC Apple Apps fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
13.6 Intellectual Property Rights. You and USBC acknowledge that, in the event of any third party claim that the USBC Apple Apps or your possession and use of the USBC Apple Apps infringes that third party’s intellectual property rights, subject to the limitations of liability and indemnification obligations set forth in the USBC Apple Apps Agreements, USBC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13.7 Third Party Terms. You must comply with applicable third party terms when using the USBC Apple Apps.
13.8 Third Party Beneficiary. You and USBC Apple Apps acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries to these Terms as applicable to the USBC Apple Apps, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third party beneficiary thereof.
14. ADDITIONAL TERMS
14.1 Governing Law. These Terms will be governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws.
14.2 Electronic Communications. The communications between you and USBC use electronic means, whether you access or use our Platform or send us emails, or whether we post notices on our Platform or communicate with you via email. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, without limitation, the Rules, satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
14.3 Severability. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the applicable Terms shall continue in effect.
14.4 Waivers. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.
14.5 Admissibility of Terms. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
14.6 Assignment. We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice, provided that any such assignment will be on the same terms or terms that are no less advantageous to you. You may not assign, sublicense or otherwise transfer in any manner whatsoever any of your rights or obligations under these Terms.
14.7 Headings. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.
14.8 Support. If you have any questions or concerns about our Platform or these Terms, please email us at email@example.com.